Research On Judicial Review Of Environmental Review And Approval Of Construction Projects

Environmental impact assessment(referred to as environmental impact assessment)refers to the investigation,prediction and evaluation of environmental impact before development activities to determine whether it may have a significant impact on the ecological environment.As a precondition for the approval of the EIA application and the implementation of the project,the approval of the EIA of construction projects plays a vital role in the effectiveness and function of the EIA system.As the environmental impact assessment of construction projects has the characteristics of scientific and technological professionalism and risk uncertainty,the examination and approval authority,as the authoritative department in this regard,has greater discretion in the examination and approval of the construction project environmental assessment.The discretionary power of the administrative agency should be respected to a certain extent,but at the same time,attention should be paid to the problem that the expansion of its discretionary power has resulted in a lot of crude EIA documents.This problem has led to the public’s criticism of the legitimacy and rationality of the EIA.question.At present,my country has revised the "Administrative Litigation Law","Environmental Protection Law","Environmental Impact Assessment Law","Environmental Impact Assessment Public Participation Measures" and other related supporting laws and regulations,in order to better repair the gradually damaged ecological environment and protect citizens Environmental rights.However,the characteristics of EIA are difficult to be fully clarified through legislation,and there are practical factors that make legislation ambiguous,so there are some difficulties in judicial review of EIA approval for construction projects.Therefore,the judiciary should consider how to improve the judicial review system of environmental impact assessment in my country on the basis of respecting the discretion of the administrative agency.In the judicial practice of the environmental review and approval of construction projects,there is a phenomenon that the courts have different identification standards resulting in different degrees of lenient and strict judicial discretion.Therefore,this article analyzes and demonstrates specific issues such as the limitation of the qualifications of the plaintiff in the trial and the insufficient substantive review of the legality of administrative actions based on the research methods of case analysis,literature research,and comparative analysis,and believes that the construction should be expanded The project EIA approves the scope of qualifications of the plaintiff,and applies the substantive rationality standard to determine the legitimacy of the EIA approval of construction projects.Afterwards,this article puts forward suggestions on strengthening the judicial review standards for environmental review and approval of construction projects on the basis of clarifying the main qualifications of the plaintiff,and promoting the improvement of the multiple supervision and judicial review coordination mechanism of the environmental review and approval of construction projects,in order to effectively play the function of the environmental impact assessment system and help The current trial needs to promote the legalization of construction projects’ environmental review and approval.This article is mainly divided into four parts,the content is as follows:The first part is introduction.This article introduces the research background and significance of EIA of construction projects,expounds the status quo and existing problems of EIA of construction projects,and finally briefly elaborates the research methods,innovations and shortcomings of this article.The second part is case analysis.This article adopts the case analysis method and takes three construction project environmental review and approval cases as samples.Through a brief introduction of the facts of the case,it explains the court’s judgment ideas and the results of the case,and extracts two controversies in the case: that is,the first focus is the construction project ’ s environmental review and approval.How to determine the qualifications of the plaintiff;the second focus is whether the EIA approval of construction projects is legal.The third part is legal analysis.Combining three cases,on the basis of research methods such as case analysis method,literature research method and comparative analysis method,conduct legal analysis through two controversial focal points summarized.First of all,starting from the connotation and characteristics of the construction project EIA approval,through combing relevant cases to obtain data,and analyzing the status quo of different judicial judgments in the construction project EIA approval and low plaintiff’s winning rate.Secondly,the qualification of the plaintiff in the environmental review and approval of construction projects is determined.This article mainly analyzes the legal theory from two perspectives: the determination of the qualification of the plaintiff of the interested party in the private interest litigation and the establishment of the qualification of the plaintiff in the administrative public interest litigation.Finally,the environmental review and approval of the construction project is legal For the determination of the judicial review standards,this article analyzes the two aspects of substantive review and procedural review.The fourth part,research conclusions and research recommendations.Based on the above-mentioned legal analysis,this article draws the following conclusions.First,it is believed that the qualification scope of the plaintiff of the EIA approval for construction projects should be expanded,and the second is the substantive reasonableness standard as the judicial review standard for determining the legitimacy of the EIA approval.At the same time,this article proposes perfect suggestions for the difficulties faced by the judicial review of China’s environmental review and approval: firstly,it is believed that the two-stage multi-judgment standard framework should be used to clarify the scope of the qualification of the interested party and the plaintiff,and the environmental protection organization should be given the qualification to initiate environmental administrative public interest litigation;The judicial review standards for the legitimacy of the environmental review and approval of construction projects should be strengthened.First,in the aspect of substantive review,deepen the legal interpretation of judicial discretion,and introduce experts to participate in the peer review mechanism;in the aspect of procedural review,the procedural defect standards should be applied prudently,and the review should be focused on The overall authenticity of the environmental impact assessment information disclosure and the effectiveness of public participation are procedural standards to ensure procedural justice;finally,this article proposes to promote the multiple supervision and judicial review coordination mechanism of the environmental assessment and approval of construction projects,and the administrative agencies,procuratorial agencies and judicial agencies should cooperate with each other,To promote the legalization of the environmental impact assessment field from many aspects.